Getting a Statutory Will is a difficult task. The application process consumes time, and you must present a large amount of evidence. Among the most important pieces of evidence you’ll need is a family tree.
Statutory Wills vs. Testamentary Wills: What’s the Difference?
Statutory Wills offer a procedure to create or change a will when a person lacks mental capacity. To make a Statutory Will on their behalf, you must file an application with the Court of Protection. If the court grants your request, you can then write a will or make changes to an existing one for that individual.
When Does Someone Lack Capacity to Make a Will?
Determining a person’s mental capacity to create a will is complex. They must undergo a specific legal test to evaluate their mental capacity for this purpose. Note that someone unable to manage large sums of money regularly might still possess the capacity to make a will.
Creating a Statutory Will
A person deemed incapable of making a will must be at least eighteen years old. You can begin preparing a Court of Protection application as early as age 17, but the person must be 18 when you submit the application.
The Court of Protection publishes guidelines for Statutory Will applications. These include all required documents and information. For example, you typically need a family tree, financial information (like account balances, investments, and property), details about the chosen individual’s background, any medical concerns, and how the will would distribute if the Statutory Will were produced.
The Family Tree’s Vital Role
You might wonder why a family tree is so important for your Court of Protection application. The logic is straightforward: the family tree lists potential beneficiaries of a Statutory Will. By including the family tree, the Court of Protection can view all potential beneficiaries. This helps them decide who should be included and who should be omitted from the will.
What to Include in Your Family Tree
On a family tree for this purpose, you should list each family member who could be a beneficiary, including their name and date of birth. You do not have to trace your family tree back 18 generations. To establish the beneficiaries requiring review, going back as far as great-grandparents usually suffices.
Do you need help with your family tree to support a Statutory Will? Contact our knowledgeable experts right away. We can help you establish your family tree and prepare it for your Statutory Will application to the Court of Protection.
